Patna High Court

Bharat Kumar MandalversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: RAJEEV RANJAN PRASAD

Holding

The application for restoration was allowed, and the dismissed petition was reinstated to its original file.

Summary

On 26 April 2023, a petition (C.W.J.C. No.4398 of 2023) was listed for admission but the office clerk of the petitioner's advocate failed to mark the cause list, resulting in no appearance and the petition being dismissed for want of prosecution. The clerk subsequently filed an affidavit explaining the omission. The petitioner sought restoration of the dismissed petition, arguing that the dismissal was due to a clerical error rather than any substantive deficiency. The court examined the affidavit and considered the procedural nature of the lapse. Finding that the dismissal was not based on merit and that the petitioner was ready to prosecute, the court allowed the application. Consequently, the dismissed petition was restored to its original file for further hearing.

Issues considered

Whether a dismissal for want of prosecution due to a clerical error can be set aside and the petition restored

Subjects

procedural law
want of prosecution
restoration of case
affidavit
civil writ jurisdiction
court clerk error

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1961 of 2023
                                                        In
                                  Civil Writ Jurisdiction Case No.4398 of 2023
                 ======================================================
                 Bharat Kumar Mandal S/o- Late Ganga Ram Mandal Resident of Village-
                 Basipatti, P.S.- Bheja, District- Madhubani.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Home (Police), Govt. of
                 Bihar, Patna.
           2.    The Principal Secretary, Home (Police), Govt. of Bihar, Patna.
           3.    The District Magistrate cum Chairman, District Compassionate Appointment
                 Committee, Madhubani.
           4.    The Superintendent of Police, Madhubani.
           5.    The Sub- Divisional Officer, Jhanjharpur, Madhubani.
           6.    The Circle Officer, Madhepura, District- Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Rama Kant Singh, Advocate
                 For the Opposite Party/s :    AC to SC-1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

3   18-04-2026                  It is stated that on 26.04.2023 when the matter was

                   listed under the heading 'For Admission-Fresh Cases', the office

                   clerk of the learned Advocate could not mark the cause list as a

                   result whereof no one appeared and the application stood

                   dismissed for want of prosecution. The office clerk has sworn

                   affidavit in support of the same.

                                2. Having regard to the reasons shown, this

                   application is allowed. C.W.J.C. No.4398 of 2023 is restored to

                   its original file.
           Patna High Court MJC No.1961 of 2023(3) dt.18-04-2026
                                                       2/2




                                  3. Learned AC to SC-1 for the State is present.



                                           (Rajeev Ranjan Prasad, J)
arvind/-

U

Continue reading with your account

Checking your session…